[ 2012-06-07 ]

President John Evans Mills

Judgement Debt Fears: GBA cautions govt over Jake's 'land'
The Ghana Bar Association has cautioned the
government against the potential legal
ramifications in the controversial sale of a state
land to the National Chairman of the New
Patriotic Party (NPP), Mr Obetsebi Lamptey. The
government says it is no longer interested in
leasing the property to the former Chief of Staff
under the erstwhile Kufuor administration even
though Mr Obetsebi-Lamptey has paid for the
property.

The Bar Association is therefore warning that in
view of the “rising cost to the Republic in what
has become known as ‘Judgment Debts’ arising from
Government’s actions and inactions that the courts
have found to have breached the law,” the
government must do well to settle the matter in
the best way possible.

Samuel Okudzeto Ablakwa, Deputy Minister of
Information and Dr. Omane Boamah, Deputy Sports
Minister, dragged the NPP chairman to court
accusing him of abusing his office in his purchase
of a government building - No 2 Mungo Street - in
the Ridge residential area.

But the Supreme Court presided over by Justice
William Atuguba last month ruled that Mr Obetsebi
Lamptey did not abuse any law of the land by
purchasing the house.


The Supreme Court also stated that the suit
against Jake Obetsebi Lamptey does not border on
conflict of interest and should have been taken to
the Commission of Human Rights and Administrative
Justice (CHRAJ) for proper interpretation.

Subsequently, the Mills-led administration
decided not to sell the No. 2 Mungo Street Ridge
property to Mr. Obetsebi-Lamptey on moral grounds
and in the “supreme interest of the Ghanaian
people”.

But according to the Bar Association, the Supreme
Court cannot be faulted for the failure of the
plaintiffs in the matter to produce
incontrovertible evidence against the NPP
Chairman.

A statement released by the Association and
signed by National President, Frank W.K. Beechem,
said even though it respects people’s right to
comment on the morality of the matter, it is
important government does not disregard its
contractual obligations in the lease documents
“executed between the government (as lessor) and
Mr. Obetsebi Lamptey (as Lessee).”

The statement further indicated that the Bar
“recognises the power of the Government to
compulsorily take possession of or acquire any
property in the public interest or for a public
purpose, in accordance with Article 20 of the
Constitution and the State Lands Act, 1962 (Act
125),” advising that “we respectfully urge the
Government to be very mindful of the obligations
that the law imposes on it, in this matter.”

The Bar however hopes that “more and more
public-spirited persons would be willing and
prepared to raise before our courts, such issues
of national importance, which would not only
enrich our constitutional jurisprudence and land
law, but contribute to a debate that should result
in establishing more transparent standards in the
acquisition of State properties and in our effort
to build a rich and prosperous democratic
country.”

Source - RadioXYZonline.com

... go Back